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GOVERNING THE USE OF iNETS KIOSK SERVICES » Updated as at 15 Jan 2010
 
  Terms and Conditions  
     
 
1. DEFINITIONS
  1.1 The following shall be the interpretations of the words used in this Terms:
 
WORDS
 MEANINGS

“Approved Banks”

Development Bank of Singapore Limited, Oversea-Chinese Banking Corporation Limited, United Overseas Bank Limited and Standard Chartered Bank collectively, and their respective successors-in-title, and such other banks as may be approved from time to time.

“Cardholder”

A person who is the owner and in possession of a NETS Bank Card, CashCard, NETS FlashPay or any other payment card, whether credit or debit, as may be approved by NETS for use on the iNETS Kiosk Services from time to time (excluding persons who are appointed or authorized to sell the CashCard or NETS FlashPay, effect top-ups or refunds, or replace the CashCard or NETS FlashPay), and includes any person who uses the iNETS Kiosk Services at any time, whether using a card owned by him or otherwise.

“CashCard”

A stored value facility, which may be in any form as determined by NETS from time to time, operated, managed and issued by NETS in Singapore under NETS’ brand name, trademark and / or the logo “NETS CashCard” or “CashCard” as a means of making payment including inter alia for iNETS Kiosk Services.

“iNETS Kiosk Services”

The payment services provided by NETS through the provisions of iNETS Kiosk under the NETS brand name, trademark and / or logo “iNETS Kiosk” for payment services at various locations in Singapore.

“Merchant”

Any person for the time being and at the sole discretion of NETS who is engaged in the sale of goods and / or provision of services and makes their goods and / or services available through the iNETS Kiosk Services.

“MYNETS Account”

Any account of a Cardholder maintained with NETS which allows, amongst other matters, for his personal and billing information to be aggregated and managed as deemed most appropriate by NETS.

“NETS”

Network for Electronic Transfers (Singapore) Pte Ltd, a company incorporated in the Republic of Singapore and having its registered office at 298, Tiong Bahru Road, #04-01/06, Central Plaza, Singapore 168730, and its successor-in-title.

“NETS FlashPay”

A contactless, stored value facility (as defined under the Payment Systems (Oversight) Act) in both physical or virtual form, operated and managed by NETS, which is issued by NETS in Singapore under NETS’ brand name, trademark and/or logo “NETS FlashPay” for payment services in Singapore only, excluding the NETS Gift Card.

“NETS Bank Card”

A valid card the use of which access the Cardholder’s current or savings account facility made available by the Approved Bank.

“Network”

The telecommunications network and systems used to provide the iNETS Kiosk Services.

“PIN”

Personal Identification Number.

“Terms”

These Terms and Conditions Governing the Use of iNETS Kiosk Services as varied or amended from time to time by NETS.

“Transaction”

Transactions effected by a Cardholder by means of the iNETS Kiosk Services.
   
  1.2. The headings in these Terms are inserted for convenience only and shall be ignored in construing these Terms. Unless the context otherwise requires, words denoting the singular number only shall include the plural and vice versa. The words ‘written’ and ‘in writing’ include any means of visible reproduction. References to clauses herein shall mean the clauses of these Terms.
   
2.
 ACCEPTANCE OF TERMS
2.1 NETS owns, operates and manages the iNETS Kiosk Services, with the usage thereof subject to these Terms which shall bind each and every Cardholder of the iNETS Kiosk Services.
  2.2 By using or allowing the use of the iNETS Kiosk Services, the Cardholder is deemed to have accepted and be bound by these Terms and that a valid and binding contract between the Cardholder and NETS comes into effect. Such Terms apply to the Cardholder’s use of the iNETS Kiosk Services and any related products and services available through iNETS Kiosk Services.
  2.3 The Cardholder of the iNETS Kiosk Services hereby warrants that he has read and accepted the terms & conditions governing the use of NETS Bank Card, NETS CashCard, NETS FlashPay or the terms and conditions of any other payment mode determined by NETS, which are available on the NETS website at http://www.nets.com.sg. By accepting these Terms, the Cardholder also agrees to subject the use of iNETS Kiosk Services to those terms and conditions posted on the NETS website.
 
3.
 USE OF iNETS KIOSK SERVICES
  3.1 The Cardholder can use a NETS Bank Card, NETS CashCard, NETS FlashPay or any other payment mode as may be determined by NETS from time to time to effect a Transaction using the iNETS Kiosk Services.
  3.2 By initiating and making payments through the iNETS Kiosk Services, the Cardholder authorises NETS to charge the Cardholder’s NETS Bank Card, NETS CashCard, NETS FlashPay or any other payment mode as may be determined by NETS from time to time or to instruct the Cardholder’s financial institution to obtain funds on the Cardholder’s behalf.
 
4.
 CARDHOLDER’S OBLIGATIONS
  4.1 The Cardholder confirms that the information provided to NETS about himself is true and accurate and permits NETS to verify this with any third party.
  4.2 The Cardholder is responsible for using iNETS Kiosk Services in compliance with all laws, regulations and user guides governing its use as well as any requirements or restrictions which NETS may impose on the use of the iNETS Kiosk Services.
  4.3 The Cardholder is responsible for all acts, omissions or payments made through the iNETS Kiosk Services, regardless of the card used, including any payment made by third parties. In particular, he is responsible for the payment of goods and services ordered or obtained via iNETS Kiosk Services.
  4.4 The Cardholder is advised to activate and periodically change the PIN codes. The Cardholder should also store the PIN codes and any other security codes carefully and should not disclose the same to a third party.
  4.5 The Cardholder must take all reasonable steps to prevent fraudulent, improper or illegal use of the iNETS Kiosk Services, including taking measures to prevent unauthorised access to the Network and / or to the iNETS Kiosk Service.
  4.6 The Cardholder must not use or permit the use or allow any part of the iNETS Kiosk Services to be used:
  1. so as to cause the operation of the Network or the quality of iNETS Kiosk Service to be jeopardised, impaired or interrupted or to interfere with the integrity or security of any telecommunications or IT network or system; and
  2. to make or attempt any unauthorised access to any part or component of the iNETS Kiosk Services, NETS’ Network or any third party systems or Networks to which the Cardholder can connect through the iNETS Kiosk Services directly or otherwise.
  4.7 In case there is a problem and the iNETS Kiosk Services cannot be used for payment, the Cardholder may be responsible to make payment for the Merchants’ goods or services by other modes of payment.
 
5.
 SUSPENSION / TERMINATION
  5.1 NETS may, without notice, suspend the iNETS Kiosk Service to the Cardholder wholly or partially for any valid reason and without limitation, including where:-
  1. the Cardholder is likely to create imminent physical harm (including but not limited to interruption, disruption or congestion) to the Network or instability to the iNETS Kiosk Services;
  2. the Cardholder fails to observe any term or obligation set out in these Terms or any relevant law. NETS reserves the right to reconnect the Cardholder to the Network and to levy a fee on each suspended subscription; or
  3. such action is deemed necessary by NETS or upon a direction from a regulatory authority or government authority (eg for maintenance, security or other valid reasons).
  5.2
    Notwithstanding any other provision contained herein, NETS may terminate or withdraw the iNETS Kiosk Services without assigning any reason, by giving the Cardholder three (3) months prior written notice or such other forms as NETS deems appropriate, and will not be liable to provide the iNETS Kiosk Services after the expiry of that period.
  5.3
    Where NETS exercises any of its powers under this Clause 5, such exercise shall not prejudice or affect the exercise of any other right or remedy which may be available to NETS.
   
6.
 CARDHOLDER INFORMATION
  6.1
    In using the iNETS Kiosk Services, the Cardholder will be required to provide personal financial and billing information in order to effect a Transaction. By using iNETS Kiosk Services, the Cardholder expressly authorises NETS to share this information with such persons as authorised by NETS, from time to time, to receive such information and / or relevant authorities, and in any event where required or permitted by law.
  6.2 If the Cardholder owns a MyNETS Account, the Cardholder hereby authorises NETS to use the information provided for his MyNETS Account to manage and link to the iNETS Kiosk environment to enable a more efficient flow and aggregation of information between the different channels and / or billers / merchant.
  6.3 NETS, its group members, its board, directors or staff may not be held liable for any damage or loss arising from the access to, consultation or use of the Cardholder information that NETS has disclosed or utilised in accordance with Clauses 6.1 and 6.2 above, except in cases of proven fraud or serious misconduct on their part.
  6.4 The Cardholder hereby expressly consents to NETS or NETS’ agents from time to time for contacting the Cardholder by post, telephone, e-mail, text message, or other method regarding details of specific promotions or information on various products or services, either from NETS or other third parties.
   
7.
 TRADEMARKS
  7.1 The iNETS Kiosk Services trademark, logo and any other NETS’ brand name, whether registered or unregistered, are the property of NETS, which the Cardholder will not be entitled to use in the course of trade or otherwise in relation to any goods or services of the Cardholder so that any person might reasonably import a connection between those goods or services and NETS or any part of NETS. The Cardholder also agrees not to infringe any copyright, or trademark rights belonging to any third party in respect of the iNETS Kiosk Services.
  7.2 Title to and all intellectual property rights in the software associated with the iNETS Kiosk Services, associated documents and all parts thereof will be and remain vested in and be the absolute property of NETS.
  7.3 Nothing in these Terms will be deemed to or require NETS to transfer, assign or license any intellectual property rights to the Cardholder.
 
8.
 DISCLAIMERS
  8.1 The iNETS Kiosk Services are provided on an ‘as is’ and ‘as available’ basis and NETS disclaims any express or implied representation or warranties of any kind in relation to the iNETS Kiosk Services including but not limited to availability, accessibility, timeliness and uninterrupted use of the iNETS Kiosk Services; or sequence, accuracy, completeness, timeliness or the security of any information transmitted using the iNETS Kiosk Services or provided to the Cardholder as part of the iNETS Kiosk Services.
  8.2
    By using the iNETS Kiosk Services, the Cardholder acknowledges that his use of the iNETS Kiosk Services, may at any time, be affected by various factors, including but not limited to, disruptions, messages not going through, delays or unsuccessful transactions.
  8.3 Notwithstanding anything to the contrary contained herein, NETS and its respective officers, employees, contractors or agents shall not be liable in any way to the Cardholder for any losses (including any indirect, special or consequential losses), damages, expenses, claims, liabilities and costs (including cost on a full indemnity basis) that the Cardholder may incur or suffer in connection with or arising from:
  1. the use of the iNETS Kiosk Services;
  2. any delay or failure in the use of the iNETS Kiosk Services;
  3. any failure, interruption, delay, suspension or restriction in the transmission of payment to the Merchant;
  4. the payment being rejected by the iNETS Kiosk Service for whatever reason; or
  5. any inability to retrieve any data or information to effect the Transaction;

provided that the same is not caused by the gross negligence or wilful default of NETS.
  8.4 For avoidance of doubt, NETS provides a payment service, is not a sales agent for any Merchant and makes no representation and gives no warranty as to the content, quality, availability, suitability or timeliness of any goods and services offered by the Merchants in the iNETS Kiosk Services. The purchase of such goods and services is at the Cardholder’s sole risk and NETS shall not be responsible or liable for any direct or indirect loss or damage suffered by the Cardholder arising from the purchase of such goods or services. Any terms and conditions of the Merchant pertaining to the sale of its goods or services shall apply to such goods and services and the Cardholder should refer to the relevant Merchants offering their goods and services in the iNETS Kiosk Services for relief.
   
9.
 EXCLUSION OF LIABILITY
  9.1 NETS shall not be liable for any injury, loss or damage, whether foreseen or unforeseen, directly or indirectly resulting from:-
  1. any failure, interruption, delay, suspension or restriction in providing the iNETS Kiosk Service to the Cardholder which is due to any acts of God, requirements of any governmental or regulatory authority, industrial actions, strikes, lock-outs, power outages, riots, wars, acts of terrorism, accidents, fire, flood, lightning, equipment failure, computer or software malfunction, electrical power failure, faults, interruption or disruption of the Network or of equipment of NETS or the equipment or network of any third party, national emergency or epidemics of infectious diseases or any other cause whatsoever which is beyond the reasonable control of NETS;
  2. any claim by a Cardholder relating to the supply of the iNETS Kiosk Services or any goods or services offered by NETS or the Merchants via the iNETS Kiosk Services;
  3. any fraud by the Merchants or any third person not under the control of NETS who uses or purports to use any services or goods supplied by the iNETS Kiosk Services;
  4. any unlawful or unauthorised use of or access to the Network, iNETS Kiosk Service by the Cardholder or third parties;
  5. any claim arising out of any act or omission by the Cardholder;
  6. any valid suspension of the iNETS Kiosk Service;
  7. any claim arising in relation to the provision (or non-provision), maintenance or use of telecommunications lines, channels, equipment, networks or services or arising out of Transaction being dropped for any reason; or
  8. any claim arising out of or resulting from the quality of fitness for the purpose of, the iNETS Kiosk Services supplied to the Cardholder.
  9.2 Notwithstanding anything in these Terms, NETS shall not be liable in any way for any losses (including any indirect, special or consequential losses), damages, expenses, claims, liabilities and costs (including cost on a full indemnity basis) whether it is foreseen or unforeseen, which the Cardholder may incur or suffer in connection with or arising from the use of iNETS Kiosk Services.
  9.3 NETS shall exercise reasonable skill and care in the provision of the iNETS Kiosk Service.
  9.4 Except as expressly provided in these Terms, all conditions, terms, warranties and representations whether express or implied by law in relation to the provision of the iNETS Kiosk Services are excluded to the fullest extent permitted by the applicable law.
   
10. INDEMNITY
  10.1 The Cardholder shall indemnify and hold harmless NETS in respect of any and all direct and indirect damages, losses, costs (including costs on a full indemnity basis), expenses, claims, proceedings or actions suffered or incurred by NETS, any Approved Banks or any other third party by reason of any breach or non-compliance of these Terms or by NETS in enforcing any of these Terms or preventing any breach thereof, or by NETS in providing and the Cardholder’s using the iNETS Kiosk Services including but not limited to any personal injuries suffered, or any other liabilities incurred by NETS.
     
11. VARIATION
  11.1 NETS may, at any time and in its absolute discretion, amend or vary the Terms and / or withdraw, suspend or change the iNETS Kiosk Services, without reference to the Cardholder.
     
12. ASSIGNMENT
  12.1
    The Cardholder shall not, except with NETS’ written consent, assign or otherwise transfer its rights and obligations under these Terms in whole or in part to anyone.
  12.2
    Notwithstanding the above, NETS reserves the right to transfer all rights and obligations under these Terms to any related corporation or associated company of NETS at any time, and the Cardholder consents to such transfer. NETS will publish information of such transfer as it deems appropriate, including by posting on the NETS website or such other forms as NETS deems appropriate) of such transfer.
     
13. GOVERNING LAW
  13.1 These Terms shall be governed by and construed in accordance with the laws of the Republic of Singapore and the Cardholder hereby irrevocably and unconditionally submits to the non-exclusive jurisdiction of the Courts of the Republic of Singapore.
   
14. MISCELLANEOUS
  14.1 Any waiver or concession permitted by NETS is limited to the specific circumstances in which it is given and does not affect the rights of NETS under these Terms in any other way.
  14.2 If any provision of these Terms is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of the Terms and the remainder of the provision(s) in question shall not be affected thereby.
  14.3 These Terms may be translated into other languages but in the event of any inconsistency or uncertainty arising there from, this English version shall prevail over any other version(s).
  14.4 A party who is not a party to these Terms, shall not have any rights under the Contracts (Rights of Third Parties) Act (Cap. 53B) (“the Act”) nor rights under any amendments to the Act.
     
 
® 2010 Network for Electronic Transfers (Singapore) Pte Ltd.